St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

Approved March SGh 1887.
IL
AN ACT TO enable the owners of lands to drain
and reclaim them when the same cannot be
dole without affecting the lands OF others.
Prescribing the powers and duties of county
commissioners and other officers in the prem
Uses. and providing for the repair and enlarge
nent Of such drains and repeating certain acts
therein snecitled, and declaring an emergency.
Be il enacted by the Legislature of the State OF
Minnesota:
SECTION I. That the board of county commits
siOuers Of any county shall have power, ut any
session. when the same shall be conducive To the
public health, convenience welfare. or when
the same Will be of public benefit or utility, to
cause 10 be constructed, as hereinafter pro-
vided any ditch, drain or water course within
said county.
SEC >. That before the board OF commission
ers shall establish any ditch, drain or water
course, there shall be filed with the auditor of
such county petition signed bv one ID or more
OF the land owners whose lands will be Ii bic to
be affected by, or assessed for, the expense of
the construction of the same, setting forth the
necessity thereof, with general description of
the proposed starting point route and terminus,
and such petitioner or petitioners shall give a
bond with good and sufficient freehold sure
tles payable to the county, to be approved by
the auditor, conditioned to pay all expense III
case the board OF commissioners shall tail to es-
tablish said proposed ditch drain or water
course; and said petitioner or petitioners shall
ME proof satisfactory to the board of commits
sented. that at least thirty go days notice
thereof has been given before the session of said
board, at which such petition is TO be heard, by
posting up notices IN three 81 of the most pub
lie places in each of the towns through which
such ditch is proposed TO be located and estab-
lshed. And when the said board shall be salts
he'd that all of the foregoing conditions have
been complied with they SHALL either at such
session of said board, at such other time as
may be appointed by them mot later than thirty
$50 days thereafter), proceed to hear and de-
determine tha6 the construction Of such ditch
will be or public benefit utility, or conducting
TO the public health. convenience or welfare,
they shall accept such petition and appoint
three 81 resident freeholders of the county, not
interested in the construction Of the proposed
work. and not of kin to any parties interested
therein, as viewers, to meet at time and place
specified by said board, preparatory to com.
mencing their duties as hereinafter specified.
SEC g. And it shall be the duty Of the aud
1tor thereupon to issue to said viewers a certi-
ned copy or the petition and order of the board,
who shall proceed, at the time set in said order
with a surveyor, who shall be q civil engineer
and shall make an accurate survey of the line
OF said ditch, drain or water course, from it's
source to It's outlet: and they shall cause stakes
or monuments to be set along said line, num-
bered progressively down stream. at each one
hundred ZOO feet; and they shall make COM
tputation of the number OF cubic yards of earth
to be eXcavated and removed from said ditch
drain or water course, between each OF the one
hundred 400 foot stakes and the estimated
cost per cubic yard for the removal thereof, and
OF earth to be eXcavated and removed for the
entire length of said ditch, drain or water
course, and an estimate of the total cost of Law
ing out, establishing and construction of the
whole work. And they shall, in tabular FORM
give the depth of cut, width of the bottom and
width at The top, at the source, outlet and at
each one hundred 400 fooU stake or monument
OF sald dltch, drain or water course: and they
shall specify the time and manner in which the
work shall lie done; and they shall have power
where they find it necessary, to provide for run
O1Iryi,6 -oir
tiles or other materials as they deem best by
specifying the size and kind of tile or other
material to be used IL such underground work,
and shall estimate the cost of the same part
OF be total cost OF the work. And they shall
file with their report an account of the names
OF the lahorors and the time each was EMPLOYED
by them, and every other item of expense by
them incurred in and about said work, and shall
file heir reports with the auditor after having
subscribed and sworn to the same.
SEC. /. And the said viewers shall in tabu-
lar form, give The names Of the owners of each
tract of land to be benefited or damaged The
description OF each tract benefited or damaged
(sald names Of owners and descriptions to be
the same as appears on the county tax dupli-
Gates Of said county,, and the total number of
acres IN e&ch o said tracts, the estimated num-
per OF acres IN each Of said tracts of land to be
benefited or damaged (as the case may BEL and
the amount that each tract of land will be beue-
nGed or damaged Icy the construction of said work
When any ditch, established under this act
drains. either in whole in part, any public
or corporate road, or railroad, or benefits any of
track OF any such road will be made better by
the construction of such ditch, the viewers
shall estimate the benefits arising therefrom
10 such ROADS, roadbeds or railroads, and report
said benefits thames of roads, ETC., and amounts
OF benefit to EACH, part of their tabular
statement provided for in this section: and thew
shall also report the total estimated benefits. and
also whether or not, in their opinion, the esti-
mated expense of the construction of such ditch
ancludlng The damages awarded therefor are
greater than the utility of the proposed ditch
that n itobo
practicable for any reason, stating the reason
why it should not be constructed
SEC. D. Alllands benefited by public ditch
drain or water course, and all public or corporate
roads, or railroads, so benefited, in whole or in
part, shall be assessed in proportion to the bene-
fits for the construction thereof whether said
ditch passes through said lands or along or near
the line of such roads or railroads. or not. and
Ehe viewers IN estimating the benefits to lands
roads or railroads not traversed by said ditch
shall not consider what benefits such lands.
roads or railroads will receive after some other
ditch or bitches shall be constructed: but only
the benefits that will be received by reason of
the construction of the public ditch as it affords
an outlet for the drainage of such lands roads or
railroads
SEC 6. In locating public ditch drain or
water course, the viewers may vary from the
line described in the petition as they deem best
PROVIDED they commence the ditch at near the
point described in the petition, and follow down
the line therein described as near as practicable
In all cases in which the route proposed is along
highways already established, the viewers shall
center OF such highway as to admit of good
road along the central line thereof; the earth
taken from the ditch shall be so placed upon the
roadway as to form a turnpike and no nearer to
the margin thereof than two ~ feet: but in
locating drain above the viewers shall not
materially depart from the terminal points de-
scrlDed IN said petition: provided, that when
there is not sufficient fall in length in the route
described in the petition to drain the lands adj
1acent thereto, they may extend the ditch below
the outlet named in the petition far enough not
exceeding one-half (1o mile to obtain sufficient
fall and outlet And when it will not be detri-
mental 10 the usefulness of the whole work they
Snail as Tar as practicable, locate the ditch on
division lines between lands owned by different
persons; ana they shall, far as practicable
avoid LAYING the same diagonally across the
lands, but they must not sacrifice the general
utility OF the ditch to avoid diagonal lines. And
AL persons whose lands may be affected by said
ditch may appear before said viewers land be-
fore the board OF county commissioners M
which a hearing nay be had on such ,natterl
and fully express IL y opinions on all matters
pertaining the,eto
SEC T. SAID viewers may, after having met
at the time and place specified in the orde,
issued to them by the auditor proceed imme
diately to perform their said duties. or adionrr
from time TO time as best suits their convan
fence, and file their report with the auditor ~
least four l4j weeks before the next regular or
special session c. said board of commissioners
held after the lapse of ninety 800 days from the
date of the appointment of viewers: provided
the water be high, the weather inclenent
DE- by reason Of an unavoidable accident they
shall not be compelled or required tn I'll.
their report until at least four al weeks beeorf
n 81 I'll